observationobservation
Berleth June 11, 2025 final accounting and motion to distribute and terminate
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Exhibit 2 Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 1 of 10 PageID# 2509
Context source · GT-S-5B64180ADFF2
IP HII EDVA 00483 Doc. 0169 Exhibit 2
SHA-256
5b64180adff2b26a0081…10 pages · 319 KBDISTILLATES
What the source contains
Each card carries the governed distillate name from the database. Open the quoted anchor before relying on the interpretation.
claimallegation
EDVA169-2 filedApril15,2026 reproduces Exhibit2 and Harris129th2024-48085 receiver report filedJune11,2025 6:16PM,envelope101917029. Berleth
EDVA169-2 filedApril15,2026 reproduces Exhibit2 and Harris129th2024-48085 receiver report filedJune11,2025 6:16PM,envelope101917029. Berleth describes appointmentMay22,2025. The notice says absent objection within five days of service the court may grant relief without hearing; it does not show no objection was filed.
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Exhibit 2 Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 1 of 10 PageID# 2509
claimallegation
Service certificate names creditor counsel Grady and debtor counsel Pennetti. Automated certificate has33 rows,including repeated Bernadette
Service certificate names creditor counsel Grady and debtor counsel Pennetti. Automated certificate has33 rows,including repeated BernadetteMartin,ShawnGrady and HannahPetrea,all submittedJune11 6:16:44PM with SENT status as ofJune12 7:50AM CST. Dispatch does not establish reading,consent or waiver.
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CERTIFICATE OF SERVICE I hereby certify that on Wednesday, June 11, 2025, a true and correct copy of the above and foregoing was forwarded to all counsel of record via certified mail, return receipt requested, regular mail, e-mail and/or facsimile. Electronic records were also forwarded in accordance with local rules through the E-file or CM/ECF system. Counsel for Creditor Via Texas E-file Atlantic Wave Holdings, LLC Shawn M. Grady SBN 24076411 shawn@gradycollectionlaw.com 2100 West Loop South, Ste. 805 Houston, Texas 77027 Counsel for Debtor, Via Texas E-file Cyberlux Corporation Alexander J. Pennetti State Bar No. 24110208 THOMPSON COBURN LLP 2100 Ross Avenue, Suite 3200 Dallas, Texas 75201 Respectfully submitted by: BERLETH & ASSOCIATES Texas Bar # 24091860 SDOT #: 3062288 E-mail: rberleth@berlethlaw.com Tristian Harris Texas Bar # 24134449 E-mail: tharris@berlethlaw.com 9950 Cypresswood Dr. Suite 200 Tele: 713-588-6900 APPOINTED RECEIVER Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 8 of 10 PageID# 2516
claimallegation
Berleth reports legal research,counsel/creditor communications,record review,oath/bond,physical possession of real property,inventory/shipme
Berleth reports legal research,counsel/creditor communications,record review,oath/bond,physical possession of real property,inventory/shipment supervision,recovered-funds accounting and reconnoitre. These are his reported activities,not attached inventories or independent verification of commercial reasonableness.
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CAUSE NO. 2024-48085 ATLANTIC WAVE HOLDINGS, LLC § IN THE DISTRICT COURT and SECURE COMMUNITY, LLC., § Plaintiffs, Judgment-Creditors, § § v. § 129TH JUDICIAL COURT § CYBERLUX CORPORATION and § MARK D. SCHMIDT, individually, § IN AND FOR Defendants, Judgment-Debtors. § HARRIS COUNTY, TEXAS RECEIVER’S FINAL REPORT, FINAL ACCOUNTING, VERIFIED MOTION FOR DISBURSEMENT OF FUNDS, AND MOTION TO TERMINATE RECEIVERSHIP NOTICE: IF NO WRITTEN RESPONSE OR OBJECTION TO THE MOTION IS FILED WITH THE COURT WITHIN FIVE DAYS OF THE DATE OF SERVICE, THE COURT MAY GRANT THE RELIEF REQUESTED WITHOUT FURTHER NOTICE OF HEARING. TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Robert W. Berleth, of Berleth, as Receiver, appointed by this Honorable Court as Receiver on May 22, 2025 hereinafter the “Order” to take and files this Receiver’s Final Report, Final Accounting, Verified Motion for Disbursement of Funds, and Motion to Terminate Receivership, and for good cause shows the following: A. REPORT OF RECEIVER 1. The work performed by Receiver in this Receivership to date includes, without limitation, the following: researching the latest developments in relevant turnover receivership law, communications with Plaintiff’s counsel, communications with Defendant’s counsel, communications with other creditors, 6/11/2025 6:16 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101917029 By: Shanelle Taylor Filed: 6/11/2025 6:16 PM Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 2 of 10 PageID# 2510
claimallegation
The report states $3,083,639.75 recovered from the debtor and held in trust. Paragraph8 expressly says no funds have yet been distributed as
The report states $3,083,639.75 recovered from the debtor and held in trust. Paragraph8 expressly says no funds have yet been distributed as of filing. Receipt/holding is thus a receiver assertion distinct from completed creditor payment.
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reviewing records concerning Defendant, preparing and filing the Receiver Oath, posting bond, taking physical possession of the real property, engaging and supervising the inventory and shipment of goods in a commercially reasonable manner, receiving and accounting for recovered funds, physical reconnoiter of the debtors going concerns, and preparing and filing this Receiver’s Verified Motion for Disbursement and the proposed Order. 2. In accordance with the Order, The Receiver has recovered from the Debtor $3,083,639.75, the balance owed on the Judgment Calculation. 3. It is the Receiver’s opinion the Receiver’s actions in this receivership to date were reasonable and necessary. It is the Receiver’s belief all expenses and fees incurred during the receivership is a customary, reasonable, and necessary fee for the services rendered in Harris County, Texas. The receiver collected the full amount of the judgment, and is thus entitled to his presumptive fee of 33% of the total amount collected. 4. The receiver incurred expenses of $83,341.22. These expenses were necessary to complete the receivership and shipment of the final inventory. 5. The receiver is aware of a TRO/serial receivership in cause no. 2025- 41073, styled Tucker v. Cyberlux, in the 129th District Court that will take effect upon the termination of this receivership. Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 3 of 10 PageID# 2511
claimallegation
Berleth claims collection of the full judgment entitles him to a presumptive33% of total collected and describes all fees/expenses as reason
Berleth claims collection of the full judgment entitles him to a presumptive33% of total collected and describes all fees/expenses as reasonable and necessary. He reports $83,341.22 expenses for receivership/final inventory shipment. No invoices or fee basis order is included.
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reviewing records concerning Defendant, preparing and filing the Receiver Oath, posting bond, taking physical possession of the real property, engaging and supervising the inventory and shipment of goods in a commercially reasonable manner, receiving and accounting for recovered funds, physical reconnoiter of the debtors going concerns, and preparing and filing this Receiver’s Verified Motion for Disbursement and the proposed Order. 2. In accordance with the Order, The Receiver has recovered from the Debtor $3,083,639.75, the balance owed on the Judgment Calculation. 3. It is the Receiver’s opinion the Receiver’s actions in this receivership to date were reasonable and necessary. It is the Receiver’s belief all expenses and fees incurred during the receivership is a customary, reasonable, and necessary fee for the services rendered in Harris County, Texas. The receiver collected the full amount of the judgment, and is thus entitled to his presumptive fee of 33% of the total amount collected. 4. The receiver incurred expenses of $83,341.22. These expenses were necessary to complete the receivership and shipment of the final inventory. 5. The receiver is aware of a TRO/serial receivership in cause no. 2025- 41073, styled Tucker v. Cyberlux, in the 129th District Court that will take effect upon the termination of this receivership. Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 3 of 10 PageID# 2511
claimallegation
Requested disbursements are $2,182,234.91 to plaintiff for Virginia23-07422;$21,677.50 to BellNunnally;$21,880 to Vargo;$9,392.50 to Caudle
Requested disbursements are $2,182,234.91 to plaintiff for Virginia23-07422;$21,677.50 to BellNunnally;$21,880 to Vargo;$9,392.50 to Caudle forCL22-3882-4;$83,341.22 receiver expenses;and $765,113.62 receiver fee. These six amounts sum exactly to $3,083,639.75. Incidental interest/fractional errors are requested for Texas Access to Justice Foundation.
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B. COLLECTIONS ACCOUNTING 6. During the receivership there have been funds totaling $3,083,639.75 which are being held in trust for this receivership. 7. The Receiver recommends and request authorization to disburse funds as follows: a. $2,182,234.91 to Plaintiff, reflecting full and final satisfaction of the Virginia court judgment, cause no. 23-07422, styled Atlantic Waves Holdings, LLC, in the Circuit Court of the City of Richmond, Virginia. b. $21,677.50 to BellNunnally to Defendant, reflecting a portion of the legal fees incurred by the Plaintiff. c. $21,880.00 to Vargo Law Firm, PC to Defendant, reflecting attorney’s fees incurred by the Plaintiff. d. $9,392.50 to Caudle Law Firm, reflecting full and final satisfaction of cause no. CL22-3882-4, in the Circuit Court of the City of Richmond, Virginia. e. $83,341.22 to the Receiver as reasonable and incurred expenses in the prosecution of the receivership, to be taxed as a cost of court. f. $765,113.62 as the Receiver’s Fee to be taxed as a cost of court. g. Any incidental interest, fractional cents, or small calculation errors to be forwarded to the Texas Access to Justice Foundation. 8. As of date of this filing, the Receiver has not distributed funds, funds are being held by the Receiver for distribution in trust. Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 4 of 10 PageID# 2512
claimallegation
The stated $765,113.62 fee is approximately24.812% of the $3,083,639.75 total,not33%;33% of that total is $1,017,601.1175 before rounding. T
The stated $765,113.62 fee is approximately24.812% of the $3,083,639.75 total,not33%;33% of that total is $1,017,601.1175 before rounding. The source does not explain this difference in calculation basis. The observation is an internal reconciliation question,not a finding of overcharge or dishonesty.
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reviewing records concerning Defendant, preparing and filing the Receiver Oath, posting bond, taking physical possession of the real property, engaging and supervising the inventory and shipment of goods in a commercially reasonable manner, receiving and accounting for recovered funds, physical reconnoiter of the debtors going concerns, and preparing and filing this Receiver’s Verified Motion for Disbursement and the proposed Order. 2. In accordance with the Order, The Receiver has recovered from the Debtor $3,083,639.75, the balance owed on the Judgment Calculation. 3. It is the Receiver’s opinion the Receiver’s actions in this receivership to date were reasonable and necessary. It is the Receiver’s belief all expenses and fees incurred during the receivership is a customary, reasonable, and necessary fee for the services rendered in Harris County, Texas. The receiver collected the full amount of the judgment, and is thus entitled to his presumptive fee of 33% of the total amount collected. 4. The receiver incurred expenses of $83,341.22. These expenses were necessary to complete the receivership and shipment of the final inventory. 5. The receiver is aware of a TRO/serial receivership in cause no. 2025- 41073, styled Tucker v. Cyberlux, in the 129th District Court that will take effect upon the termination of this receivership. Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 3 of 10 PageID# 2511
claimallegation
BellNunnally and Vargo lines each say to Defendant while describing Plaintiff-incurred fees. Preserve this conflicting payee/capacity wordin
BellNunnally and Vargo lines each say to Defendant while describing Plaintiff-incurred fees. Preserve this conflicting payee/capacity wording instead of silently deciding who ultimately receives the money.
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B. COLLECTIONS ACCOUNTING 6. During the receivership there have been funds totaling $3,083,639.75 which are being held in trust for this receivership. 7. The Receiver recommends and request authorization to disburse funds as follows: a. $2,182,234.91 to Plaintiff, reflecting full and final satisfaction of the Virginia court judgment, cause no. 23-07422, styled Atlantic Waves Holdings, LLC, in the Circuit Court of the City of Richmond, Virginia. b. $21,677.50 to BellNunnally to Defendant, reflecting a portion of the legal fees incurred by the Plaintiff. c. $21,880.00 to Vargo Law Firm, PC to Defendant, reflecting attorney’s fees incurred by the Plaintiff. d. $9,392.50 to Caudle Law Firm, reflecting full and final satisfaction of cause no. CL22-3882-4, in the Circuit Court of the City of Richmond, Virginia. e. $83,341.22 to the Receiver as reasonable and incurred expenses in the prosecution of the receivership, to be taxed as a cost of court. f. $765,113.62 as the Receiver’s Fee to be taxed as a cost of court. g. Any incidental interest, fractional cents, or small calculation errors to be forwarded to the Texas Access to Justice Foundation. 8. As of date of this filing, the Receiver has not distributed funds, funds are being held by the Receiver for distribution in trust. Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 4 of 10 PageID# 2512
claimallegation
Berleth says Tucker v Cyberlux2025-41073 TRO/serial receivership will take effect upon termination. He requests judgment satisfaction,fee ap
Berleth says Tucker v Cyberlux2025-41073 TRO/serial receivership will take effect upon termination. He requests judgment satisfaction,fee approval,disbursement and termination/discharge effective on entry. No termination order or evidence the successor actually took effect is supplied.
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reviewing records concerning Defendant, preparing and filing the Receiver Oath, posting bond, taking physical possession of the real property, engaging and supervising the inventory and shipment of goods in a commercially reasonable manner, receiving and accounting for recovered funds, physical reconnoiter of the debtors going concerns, and preparing and filing this Receiver’s Verified Motion for Disbursement and the proposed Order. 2. In accordance with the Order, The Receiver has recovered from the Debtor $3,083,639.75, the balance owed on the Judgment Calculation. 3. It is the Receiver’s opinion the Receiver’s actions in this receivership to date were reasonable and necessary. It is the Receiver’s belief all expenses and fees incurred during the receivership is a customary, reasonable, and necessary fee for the services rendered in Harris County, Texas. The receiver collected the full amount of the judgment, and is thus entitled to his presumptive fee of 33% of the total amount collected. 4. The receiver incurred expenses of $83,341.22. These expenses were necessary to complete the receivership and shipment of the final inventory. 5. The receiver is aware of a TRO/serial receivership in cause no. 2025- 41073, styled Tucker v. Cyberlux, in the 129th District Court that will take effect upon the termination of this receivership. Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 3 of 10 PageID# 2511
claimallegation
Verification displays Berleth and notary signatures with June11,2025 jurat. Printed notary name is Sheli Marie Davis and typed expiryApril25
Verification displays Berleth and notary signatures with June11,2025 jurat. Printed notary name is Sheli Marie Davis and typed expiryApril25,2029; the visible stamp instead reads Comm.Expires02-25-2029,NotaryID132943751. Preserve the discrepancy without determining which date is correct or inferring invalidity.
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VERIFICATION STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority on this day personally appeared Robert Berleth, who, being by me duly sworn upon oath deposed and stated as follows: “My name is Robert Berleth. I am the appointed Receiver in the abovestyled case and I have personal knowledge of the facts contained and asserted herein. The facts contained herein are true and correct and I am fully authorized to make this affidavit.” Robert Berleth APPOINTED RECEIVER SWORN TO AND SUBSCRIBED before me by Robert Berleth on Wednesday, June 11, 2025, to certify which, witness my hand and seal of office. __________________________ Notary Public in and for the State of Texas Printed Name: Sheli Marie Davis My Commission Expires: April 25, 2029 Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 7 of 10 PageID# 2515 [Image-verified: Berleth signature and notary signature present. Notary stamp: SHELI MARIE DAVIS;Notary Public,State of Texas;Comm.Expires02-25-2029;NotaryID132943751. Typed expiry beneath stamp is April25,2029. Preserve both.]
entityobservation
Robert W. Berleth
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CAUSE NO. 2024-48085 ATLANTIC WAVE HOLDINGS, LLC § IN THE DISTRICT COURT and SECURE COMMUNITY, LLC., § Plaintiffs, Judgment-Creditors, § § v. § 129TH JUDICIAL COURT § CYBERLUX CORPORATION and § MARK D. SCHMIDT, individually, § IN AND FOR Defendants, Judgment-Debtors. § HARRIS COUNTY, TEXAS RECEIVER’S FINAL REPORT, FINAL ACCOUNTING, VERIFIED MOTION FOR DISBURSEMENT OF FUNDS, AND MOTION TO TERMINATE RECEIVERSHIP NOTICE: IF NO WRITTEN RESPONSE OR OBJECTION TO THE MOTION IS FILED WITH THE COURT WITHIN FIVE DAYS OF THE DATE OF SERVICE, THE COURT MAY GRANT THE RELIEF REQUESTED WITHOUT FURTHER NOTICE OF HEARING. TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Robert W. Berleth, of Berleth, as Receiver, appointed by this Honorable Court as Receiver on May 22, 2025 hereinafter the “Order” to take and files this Receiver’s Final Report, Final Accounting, Verified Motion for Disbursement of Funds, and Motion to Terminate Receivership, and for good cause shows the following: A. REPORT OF RECEIVER 1. The work performed by Receiver in this Receivership to date includes, without limitation, the following: researching the latest developments in relevant turnover receivership law, communications with Plaintiff’s counsel, communications with Defendant’s counsel, communications with other creditors, 6/11/2025 6:16 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101917029 By: Shanelle Taylor Filed: 6/11/2025 6:16 PM Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 2 of 10 PageID# 2510
entityobservation
ATLANTIC WAVE HOLDINGS, LLC
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CAUSE NO. 2024-48085 ATLANTIC WAVE HOLDINGS, LLC § IN THE DISTRICT COURT and SECURE COMMUNITY, LLC., § Plaintiffs, Judgment-Creditors, § § v. § 129TH JUDICIAL COURT § CYBERLUX CORPORATION and § MARK D. SCHMIDT, individually, § IN AND FOR Defendants, Judgment-Debtors. § HARRIS COUNTY, TEXAS RECEIVER’S FINAL REPORT, FINAL ACCOUNTING, VERIFIED MOTION FOR DISBURSEMENT OF FUNDS, AND MOTION TO TERMINATE RECEIVERSHIP NOTICE: IF NO WRITTEN RESPONSE OR OBJECTION TO THE MOTION IS FILED WITH THE COURT WITHIN FIVE DAYS OF THE DATE OF SERVICE, THE COURT MAY GRANT THE RELIEF REQUESTED WITHOUT FURTHER NOTICE OF HEARING. TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Robert W. Berleth, of Berleth, as Receiver, appointed by this Honorable Court as Receiver on May 22, 2025 hereinafter the “Order” to take and files this Receiver’s Final Report, Final Accounting, Verified Motion for Disbursement of Funds, and Motion to Terminate Receivership, and for good cause shows the following: A. REPORT OF RECEIVER 1. The work performed by Receiver in this Receivership to date includes, without limitation, the following: researching the latest developments in relevant turnover receivership law, communications with Plaintiff’s counsel, communications with Defendant’s counsel, communications with other creditors, 6/11/2025 6:16 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101917029 By: Shanelle Taylor Filed: 6/11/2025 6:16 PM Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 2 of 10 PageID# 2510
entityobservation
SECURE COMMUNITY, LLC
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CAUSE NO. 2024-48085 ATLANTIC WAVE HOLDINGS, LLC § IN THE DISTRICT COURT and SECURE COMMUNITY, LLC., § Plaintiffs, Judgment-Creditors, § § v. § 129TH JUDICIAL COURT § CYBERLUX CORPORATION and § MARK D. SCHMIDT, individually, § IN AND FOR Defendants, Judgment-Debtors. § HARRIS COUNTY, TEXAS RECEIVER’S FINAL REPORT, FINAL ACCOUNTING, VERIFIED MOTION FOR DISBURSEMENT OF FUNDS, AND MOTION TO TERMINATE RECEIVERSHIP NOTICE: IF NO WRITTEN RESPONSE OR OBJECTION TO THE MOTION IS FILED WITH THE COURT WITHIN FIVE DAYS OF THE DATE OF SERVICE, THE COURT MAY GRANT THE RELIEF REQUESTED WITHOUT FURTHER NOTICE OF HEARING. TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Robert W. Berleth, of Berleth, as Receiver, appointed by this Honorable Court as Receiver on May 22, 2025 hereinafter the “Order” to take and files this Receiver’s Final Report, Final Accounting, Verified Motion for Disbursement of Funds, and Motion to Terminate Receivership, and for good cause shows the following: A. REPORT OF RECEIVER 1. The work performed by Receiver in this Receivership to date includes, without limitation, the following: researching the latest developments in relevant turnover receivership law, communications with Plaintiff’s counsel, communications with Defendant’s counsel, communications with other creditors, 6/11/2025 6:16 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101917029 By: Shanelle Taylor Filed: 6/11/2025 6:16 PM Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 2 of 10 PageID# 2510
entityobservation
Sheli Marie Davis
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VERIFICATION STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned authority on this day personally appeared Robert Berleth, who, being by me duly sworn upon oath deposed and stated as follows: “My name is Robert Berleth. I am the appointed Receiver in the abovestyled case and I have personal knowledge of the facts contained and asserted herein. The facts contained herein are true and correct and I am fully authorized to make this affidavit.” Robert Berleth APPOINTED RECEIVER SWORN TO AND SUBSCRIBED before me by Robert Berleth on Wednesday, June 11, 2025, to certify which, witness my hand and seal of office. __________________________ Notary Public in and for the State of Texas Printed Name: Sheli Marie Davis My Commission Expires: April 25, 2029 Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 7 of 10 PageID# 2515 [Image-verified: Berleth signature and notary signature present. Notary stamp: SHELI MARIE DAVIS;Notary Public,State of Texas;Comm.Expires02-25-2029;NotaryID132943751. Typed expiry beneath stamp is April25,2029. Preserve both.]
eventattribution
Receiver submits verified final accounting and distribution request.
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CAUSE NO. 2024-48085 ATLANTIC WAVE HOLDINGS, LLC § IN THE DISTRICT COURT and SECURE COMMUNITY, LLC., § Plaintiffs, Judgment-Creditors, § § v. § 129TH JUDICIAL COURT § CYBERLUX CORPORATION and § MARK D. SCHMIDT, individually, § IN AND FOR Defendants, Judgment-Debtors. § HARRIS COUNTY, TEXAS RECEIVER’S FINAL REPORT, FINAL ACCOUNTING, VERIFIED MOTION FOR DISBURSEMENT OF FUNDS, AND MOTION TO TERMINATE RECEIVERSHIP NOTICE: IF NO WRITTEN RESPONSE OR OBJECTION TO THE MOTION IS FILED WITH THE COURT WITHIN FIVE DAYS OF THE DATE OF SERVICE, THE COURT MAY GRANT THE RELIEF REQUESTED WITHOUT FURTHER NOTICE OF HEARING. TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Robert W. Berleth, of Berleth, as Receiver, appointed by this Honorable Court as Receiver on May 22, 2025 hereinafter the “Order” to take and files this Receiver’s Final Report, Final Accounting, Verified Motion for Disbursement of Funds, and Motion to Terminate Receivership, and for good cause shows the following: A. REPORT OF RECEIVER 1. The work performed by Receiver in this Receivership to date includes, without limitation, the following: researching the latest developments in relevant turnover receivership law, communications with Plaintiff’s counsel, communications with Defendant’s counsel, communications with other creditors, 6/11/2025 6:16 PM Marilyn Burgess - District Clerk Harris County Envelope No. 101917029 By: Shanelle Taylor Filed: 6/11/2025 6:16 PM Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 2 of 10 PageID# 2510
inferenceinference
The arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Appr
The arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Approval,actual disbursement and successor-receivership commencement require separate operative records; a final-report title does not establish those outcomes.
otherattribution
Complete supplied 10-page source reviewed at SHA-256 5b64180adff2b26a00812e17ac1dfc837c3bde7dc0fc4e3c71937bbe8706c8d1. Source assertions, or
Complete supplied 10-page source reviewed at SHA-256 5b64180adff2b26a00812e17ac1dfc837c3bde7dc0fc4e3c71937bbe8706c8d1. Source assertions, original visual features, filing/communication context and identified missing attachments are retained. Own complete native text read, all 10 pages; material page images 4,7,9,10 checked. Exact source identity retained; signature observation does not independently authenticate execution.
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Exhibit 2 Case 3:25-cv-00483-JAG Document 169-2 Filed 04/15/26 Page 1 of 10 PageID# 2509
questionquestion
What fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove
What fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
observation
CONNECT
Reviewed relationships
The canvas follows the database: source to DISTIL record, DISTIL record to knowledge object, then reviewed relationship. Position alone means nothing.
Berleth reports legal research,counsel/creditor communications,record review,oath/bond,physical possession of real property,inventory/shipment supervision,recovered-funds accounting and reconnoitre. These are his reported activities,not attached inventories or independent verification of commercial reasonableness.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
Berleth reports legal research,counsel/creditor communications,record review,oath/bond,physical possession of real property,inventory/shipment supervision,recovered-funds accounting and reconnoitre. These are his reported activities,not attached inventories or independent verification of commercial reasonableness.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
BellNunnally and Vargo lines each say to Defendant while describing Plaintiff-incurred fees. Preserve this conflicting payee/capacity wording instead of silently deciding who ultimately receives the money.supportsThe arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Approval,actual disbursement and successor-receivership commencement require separate operative records; a final-report title does not establish those outcomes.
Specifically named source propositions support the bounded distinction or question.
Service certificate names creditor counsel Grady and debtor counsel Pennetti. Automated certificate has33 rows,including repeated BernadetteMartin,ShawnGrady and HannahPetrea,all submittedJune11 6:16:44PM with SENT status as ofJune12 7:50AM CST. Dispatch does not establish reading,consent or waiver.supportsThe arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Approval,actual disbursement and successor-receivership commencement require separate operative records; a final-report title does not establish those outcomes.
Specifically named source propositions support the bounded distinction or question.
The stated $765,113.62 fee is approximately24.812% of the $3,083,639.75 total,not33%;33% of that total is $1,017,601.1175 before rounding. The source does not explain this difference in calculation basis. The observation is an internal reconciliation question,not a finding of overcharge or dishonesty.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
Requested disbursements are $2,182,234.91 to plaintiff for Virginia23-07422;$21,677.50 to BellNunnally;$21,880 to Vargo;$9,392.50 to Caudle forCL22-3882-4;$83,341.22 receiver expenses;and $765,113.62 receiver fee. These six amounts sum exactly to $3,083,639.75. Incidental interest/fractional errors are requested for Texas Access to Justice Foundation.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
Berleth says Tucker v Cyberlux2025-41073 TRO/serial receivership will take effect upon termination. He requests judgment satisfaction,fee approval,disbursement and termination/discharge effective on entry. No termination order or evidence the successor actually took effect is supplied.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
Berleth reports legal research,counsel/creditor communications,record review,oath/bond,physical possession of real property,inventory/shipment supervision,recovered-funds accounting and reconnoitre. These are his reported activities,not attached inventories or independent verification of commercial reasonableness.supportsThe arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Approval,actual disbursement and successor-receivership commencement require separate operative records; a final-report title does not establish those outcomes.
Specifically named source propositions support the bounded distinction or question.
Berleth claims collection of the full judgment entitles him to a presumptive33% of total collected and describes all fees/expenses as reasonable and necessary. He reports $83,341.22 expenses for receivership/final inventory shipment. No invoices or fee basis order is included.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
Service certificate names creditor counsel Grady and debtor counsel Pennetti. Automated certificate has33 rows,including repeated BernadetteMartin,ShawnGrady and HannahPetrea,all submittedJune11 6:16:44PM with SENT status as ofJune12 7:50AM CST. Dispatch does not establish reading,consent or waiver.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
Service certificate names creditor counsel Grady and debtor counsel Pennetti. Automated certificate has33 rows,including repeated BernadetteMartin,ShawnGrady and HannahPetrea,all submittedJune11 6:16:44PM with SENT status as ofJune12 7:50AM CST. Dispatch does not establish reading,consent or waiver.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
Verification displays Berleth and notary signatures with June11,2025 jurat. Printed notary name is Sheli Marie Davis and typed expiryApril25,2029; the visible stamp instead reads Comm.Expires02-25-2029,NotaryID132943751. Preserve the discrepancy without determining which date is correct or inferring invalidity.supportsThe arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Approval,actual disbursement and successor-receivership commencement require separate operative records; a final-report title does not establish those outcomes.
Specifically named source propositions support the bounded distinction or question.
Berleth claims collection of the full judgment entitles him to a presumptive33% of total collected and describes all fees/expenses as reasonable and necessary. He reports $83,341.22 expenses for receivership/final inventory shipment. No invoices or fee basis order is included.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
Berleth says Tucker v Cyberlux2025-41073 TRO/serial receivership will take effect upon termination. He requests judgment satisfaction,fee approval,disbursement and termination/discharge effective on entry. No termination order or evidence the successor actually took effect is supplied.supportsThe arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Approval,actual disbursement and successor-receivership commencement require separate operative records; a final-report title does not establish those outcomes.
Specifically named source propositions support the bounded distinction or question.
BellNunnally and Vargo lines each say to Defendant while describing Plaintiff-incurred fees. Preserve this conflicting payee/capacity wording instead of silently deciding who ultimately receives the money.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
EDVA169-2 filedApril15,2026 reproduces Exhibit2 and Harris129th2024-48085 receiver report filedJune11,2025 6:16PM,envelope101917029. Berleth describes appointmentMay22,2025. The notice says absent objection within five days of service the court may grant relief without hearing; it does not show no objection was filed.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
Requested disbursements are $2,182,234.91 to plaintiff for Virginia23-07422;$21,677.50 to BellNunnally;$21,880 to Vargo;$9,392.50 to Caudle forCL22-3882-4;$83,341.22 receiver expenses;and $765,113.62 receiver fee. These six amounts sum exactly to $3,083,639.75. Incidental interest/fractional errors are requested for Texas Access to Justice Foundation.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
The stated $765,113.62 fee is approximately24.812% of the $3,083,639.75 total,not33%;33% of that total is $1,017,601.1175 before rounding. The source does not explain this difference in calculation basis. The observation is an internal reconciliation question,not a finding of overcharge or dishonesty.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
BellNunnally and Vargo lines each say to Defendant while describing Plaintiff-incurred fees. Preserve this conflicting payee/capacity wording instead of silently deciding who ultimately receives the money.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
The report states $3,083,639.75 recovered from the debtor and held in trust. Paragraph8 expressly says no funds have yet been distributed as of filing. Receipt/holding is thus a receiver assertion distinct from completed creditor payment.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
Berleth claims collection of the full judgment entitles him to a presumptive33% of total collected and describes all fees/expenses as reasonable and necessary. He reports $83,341.22 expenses for receivership/final inventory shipment. No invoices or fee basis order is included.supportsThe arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Approval,actual disbursement and successor-receivership commencement require separate operative records; a final-report title does not establish those outcomes.
Specifically named source propositions support the bounded distinction or question.
EDVA169-2 filedApril15,2026 reproduces Exhibit2 and Harris129th2024-48085 receiver report filedJune11,2025 6:16PM,envelope101917029. Berleth describes appointmentMay22,2025. The notice says absent objection within five days of service the court may grant relief without hearing; it does not show no objection was filed.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
The report states $3,083,639.75 recovered from the debtor and held in trust. Paragraph8 expressly says no funds have yet been distributed as of filing. Receipt/holding is thus a receiver assertion distinct from completed creditor payment.supportsThe arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Approval,actual disbursement and successor-receivership commencement require separate operative records; a final-report title does not establish those outcomes.
Specifically named source propositions support the bounded distinction or question.
The stated $765,113.62 fee is approximately24.812% of the $3,083,639.75 total,not33%;33% of that total is $1,017,601.1175 before rounding. The source does not explain this difference in calculation basis. The observation is an internal reconciliation question,not a finding of overcharge or dishonesty.supportsThe arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Approval,actual disbursement and successor-receivership commencement require separate operative records; a final-report title does not establish those outcomes.
Specifically named source propositions support the bounded distinction or question.
Requested disbursements are $2,182,234.91 to plaintiff for Virginia23-07422;$21,677.50 to BellNunnally;$21,880 to Vargo;$9,392.50 to Caudle forCL22-3882-4;$83,341.22 receiver expenses;and $765,113.62 receiver fee. These six amounts sum exactly to $3,083,639.75. Incidental interest/fractional errors are requested for Texas Access to Justice Foundation.supportsThe arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Approval,actual disbursement and successor-receivership commencement require separate operative records; a final-report title does not establish those outcomes.
Specifically named source propositions support the bounded distinction or question.
Verification displays Berleth and notary signatures with June11,2025 jurat. Printed notary name is Sheli Marie Davis and typed expiryApril25,2029; the visible stamp instead reads Comm.Expires02-25-2029,NotaryID132943751. Preserve the discrepancy without determining which date is correct or inferring invalidity.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
EDVA169-2 filedApril15,2026 reproduces Exhibit2 and Harris129th2024-48085 receiver report filedJune11,2025 6:16PM,envelope101917029. Berleth describes appointmentMay22,2025. The notice says absent objection within five days of service the court may grant relief without hearing; it does not show no objection was filed.supportsThe arithmetic distributes the entire reported trust balance,but the fee percentage assertion and requested fee use unreconciled bases. Approval,actual disbursement and successor-receivership commencement require separate operative records; a final-report title does not establish those outcomes.
Specifically named source propositions support the bounded distinction or question.
Verification displays Berleth and notary signatures with June11,2025 jurat. Printed notary name is Sheli Marie Davis and typed expiryApril25,2029; the visible stamp instead reads Comm.Expires02-25-2029,NotaryID132943751. Preserve the discrepancy without determining which date is correct or inferring invalidity.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
The report states $3,083,639.75 recovered from the debtor and held in trust. Paragraph8 expressly says no funds have yet been distributed as of filing. Receipt/holding is thus a receiver assertion distinct from completed creditor payment.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
Berleth says Tucker v Cyberlux2025-41073 TRO/serial receivership will take effect upon termination. He requests judgment satisfaction,fee approval,disbursement and termination/discharge effective on entry. No termination order or evidence the successor actually took effect is supplied.supportsWhat fee-basis order,trust ledger,invoices,payee clarification and signed distribution/termination orders reconcile the percentage and prove actual disposition?
Specifically named source propositions support the bounded distinction or question.
WEIGH
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No published WEIGH run
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